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Criminal law [2016] IEHC 402

Buck -v- The Governor of Portlaoise Prison

Buck -v- The Governor of Portlaoise Prison [2016] IEHC 402 (13 July 2016)

The High Court refused Anthony Buck’s Article 40 application for release, holding there was no causative link between any solicitor-access breach and the evidence used at trial.

  • Right of access to solicitor
  • Admissibility of evidence
  • Retrospective application of judicial decisions
  • Habeas corpus
  • Fair trial
  • Access-to-solicitor
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Criminal law [2014] IEHC 652

Director of Public Prosecutions -v- Parker

Director of Public Prosecutions -v- Parker [2014] IEHC 652 (17 December 2014)

The High Court held that failure to contact a nominated solicitor before a mandatory blood sample did not make the evidence inadmissible, and the photograph issue did not invalidate the detention.

  • Right of access to solicitor
  • Admissibility of evidence
  • Forensic evidence
  • Procedural fairness
  • Detention
  • Photographic evidence
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Criminal law [2013] IEHC 251

J.M (A Minor) -v- Member in charge Coolock Garda Station

J.M (A Minor) -v- Member in charge Coolock Garda Station [2013] IEHC 251 (03 May 2013)

The High Court refused a habeas corpus application by a minor detained on drug suspicion, holding there was no right to have a solicitor present during Garda interviews.

  • Right of access to solicitor
  • Detention of minors
  • Police interviews
  • European convention on human rights
  • Misuse of drugs act offences
  • Right-of-access-to-solicitor
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Criminal law [2012] IESC 33

DPP -v- A.D.

DPP -v- A.D. [2012] IESC 33 (24 May 2012)

The Supreme Court held that only the portion of an interview tainted by a deliberate breach of access to a solicitor had to be excluded, and dismissed the appeal.

  • Admissibility of evidence
  • Right of access to solicitor
  • Exclusionary rule
  • Unlawful detention
  • No case to answer submission
  • Criminal-evidence
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Criminal law [2011] IECCA 78

DPP -v- Craig White

DPP -v- Craig White [2011] IECCA 78 (19 October 2011)

The Court of Criminal Appeal refused leave to appeal Craig White’s murder conviction, upholding fingerprint evidence, an arrest warrant, and forensic sample procedures.

  • Admissibility of expert evidence
  • Validity of arrest warrants
  • Forensic evidence
  • Right of access to solicitor
  • Criminal-appeals
  • Fingerprint-evidence
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Criminal law [2010] IESC 60

DPP -v- McCrea

DPP -v- McCrea [2010] IESC 60 (09 December 2010)

The Supreme Court upheld dismissal of a breath-specimen refusal charge, holding the accused had been denied reasonable access to a solicitor as advised by GardaĂ­.

  • Right of access to solicitor
  • Breath specimen refusal
  • Exclusionary rule
  • Statutory interpretation
  • Reasonable access in custody
  • Right-of-access-to-solicitor
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Criminal law [2009] IECCA 95

DPP -v- Glen Creed

DPP -v- Glen Creed [2009] IECCA 95 (31 July 2009)

The Court of Criminal Appeal refused leave to appeal against a robbery conviction, finding the circumstantial evidence sufficient and no reviewable error in the solicitor-access ruling.

  • Right of access to solicitor
  • Admissibility of evidence
  • Chain of evidence
  • Jury directions
  • Criminal-law
  • Constitutional-law
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Criminal law [2009] IECCA 90

DPP -v- Glen Creed

DPP -v- Glen Creed [2009] IECCA 90 (31 July 2009)

Application for leave to appeal refused in a robbery case. The court upheld the jury verdict, found no defective jury directions, and addressed access to a solicitor.

  • Right of access to solicitor
  • Admissibility of evidence
  • Chain of evidence
  • Jury directions
  • Criminal-appeal
  • Right-of-access-to-solicitor
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Criminal law [2009] IECCA 86

DPP -v- Raymond Gormley

DPP -v- Raymond Gormley [2009] IECCA 86 (27 July 2009)

The Court of Criminal Appeal refused leave to appeal, holding that Garda entry became lawful when invited in and that reasonable efforts to contact a solicitor were sufficient.

  • Admissibility of evidence
  • Right of access to solicitor
  • Trespass
  • Arrest procedure
  • Criminal-law
  • Admissibility-of-evidence
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Criminal law [2009] IEHC 39

D. P. P. -v- Mc Crea

D. P. P. -v- Mc Crea [2009] IEHC 39 (28 January 2009)

The High Court held that refusing a detained accused access to a solicitor before a breath-test procedure rendered the detention unlawful and justified exclusion of the refusal evidence.

  • Right of access to solicitor
  • Exclusionary rule
  • Unlawful detention
  • Road traffic offences
  • Breath specimen refusal
  • Right-of-access-to-solicitor
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Ireland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.